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NUPUR BHATI
Meera Devi W/o Late Shri Joga Ram – Appellant
Versus
Sona Ram S/o Shri Pema Ji Vishnoi – Respondent
JUDGMENT :
Nupur Bhati, J.
1. This misc. appeal under Section 173 of the Motor Vehicles Act, 1988 (‘Act’) has been preferred by the appellants/claimants seeking enhancement of compensation amount quantified and awarded by the learned Judge, Motor Accident Claims Tribunal, Sirohi (‘Tribunal’) by its award dated 08.08.2023 in MAC Case No.86/2020 (C.I.S. No.86/2020), whereby the learned Tribunal awarded compensation of Rs.33,31,062/- in favour of claimant along with interest @ 6.5% p.a. The liability of paying the compensation was fastened upon all the non-claimants jointly and severally.
2. Succinctly stated, the facts giving rise to this appeal are that the appellants/claimants filed a claim petition under Section 166 of the Act claiming compensation of Rs.90,90,000/- on account of unfortunate death of their sole breadwinner late Sh. Joga Ram, who lost his life in the accident took place on 04.03.2020. In the claim petition, it was stated that on 04.03.2020 at about 09:30 am, deceased Joga Ram was going on his Moped bearing registration number RJ-24-SM-6910 to his workshop from village Gol to Paldi-M, then on NH No.62 on Paldi-M Bypass, when he reached at Morli overbridge, a Trailor, w
Compensation for loss of life must accurately reflect the deceased's income and future prospects, adhering to established legal standards.
The court clarified the method for calculating compensation in motor vehicle accident cases, focusing on deductions for personal expenses and future prospects.
The court established that accurate income assessment and consideration of future prospects are crucial in determining compensation under the M.V. Act.
The judgment establishes that in motor accident claims, the correct application of multipliers based on the deceased's age and future income prospects is crucial for determining fair compensation, al....
The assessment of notional income, future prospects, and various heads of compensation under the Motor Vehicles Act influenced the court's decision to modify the judgment of the Claims Tribunal.
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